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BUDU II
V.
CAESAR & ORS.

(1959) JELR 69709 (HC)    
High Court  ·  26 Nov 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 410
[1959] GLR 410 - 433
CORAM
OLLENNU J.

Ratio Decidendi

Core Terms Beta
portions of the land
caesar family
pieces of land
later omanhene nana akoto
said nana budu
valid arbitration
inspection of the land
stool land
case of arbitration
evidence of the alleged arbitration
nana kofi budu
land court
local council
evidence of the plaintiff
behalf of the caesar family
binding arbitration
assistance of other people
eyes of the law amount
tribunal of the area
omanhene nana akoto
said m.b. otinkorang
resolution of the akwamu state council
evidence of p.w.
law of the land
different plots of land
stool lands
voluntary submission of the dispute
customary law
case of proceedings
question of fact
mr. budu
evidence
plaintiff
plaintiff’s 4th witness
late nana asare akoto
evidence shows
tender such documents
only difference
local council of the area
judgment of the court of appeal
late caesar
following observations
ntome trees
plan exhibit
caretaker of the said lands
own tales
letter of protest
omanhene of akwamu
question of law
cross-examination

OLLENNU J.

(His lordship set forth the history of the proceedings, and continued:—)

I shall deal firstly with the issue whether or not there has been a valid arbitration upon the dispute between the plaintiff and the Caesar family so as to operate as a estoppel against the Caesar family.

It is not very material by what name the layman calls proceedings which in the eyes of the law amount to a binding arbitration—he may call it arbitration or settlement. Whether any particular proceedings constitute arbitration or negotiations for a settlement is a question of law, to be decided by the Court upon the evidence before it. In the case of arbitration, the award is binding upon the parties to it whether or not they accept it; the parties cannot resile after the award has been published. In the case of proceedings in the nature of negotiation for settlement of a dispute, the decision becomes binding only after it has been accepted by the parties, and not otherwise (see Gyeniwa v. Mumah (W.A.C.…

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